Gross Negligence Manslaughter Template Flashcards

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1
Q

Prima facie D could be…

A

Charged with involuntary manslaughter if he has caused the death of V through gross negligence.
R v Adomako sets out a 5 stage test.

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2
Q

Firstly…

A

The prosecution must prove a duty of care existed.
Normal principles in civil law apply in terms of establishing a duty of care as established in Donoghue v Stevenson and further developed in Caparo v Dickman.

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3
Q

Application 1

A

Establish how the duty of care has arisen and consider voluntarily taking in responsibility, R v Stone and Dobinson and creating a dangerous situation, R v Miller and R v Evan’s.

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4
Q

Secondly…

A

D must have breached this duty. He will be judged by the standards of reasonable men.

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5
Q

Application 2

A

Establish how D has breached their duty

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6
Q

Thirdly….

A

This breach of duty must have exposed V to a risk of death confirmed in R v Mirsa.

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7
Q

Application 3

A

Here the beach of duty exposed V to a risk of because….

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8
Q

Fourthly….

A

The beach must have caused the death.

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9
Q

Application 4

A

Here apply rules of causation and established whether the breach caused the death

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10
Q

Finally….

A

The jury must decide whether D acted with gross negligence.
The questions to be asked if the jury is derived from R v Baetman and is ‘was Ds conduct so bad in all the circumstances having regard to the risk of death, to amount to gross negligence manslaughter and a crime against the state?’
In R v Edward’s allowing two 7 year olds to play on a railway bridge did show such disregard for life as to amount to gross negligence manslaughter.
Whereas in R v Finlay a scout leader who failed to follow safety procedures on a trip to Snowden was not found to have acted grossly negligently.

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11
Q

Application 5

A

Was D grossly negligent or not?

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12
Q

In conclusion…

A

D is guilty/ not guilty of gross negligence manslaughter.

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